Update On Legislative Activity That May Impact Your Business

The following four bills (relating to businesses) are on expedited passage pathway through a 90-bill one-vote-on-all session, to then head to the House.

 

SB3207  CHILD CARE-DAY CARE CENTER

Synopsis As Introduced
Amends the Child Care Act of 1969. Provides that a day care center may operate for 24 hours or longer and may provide care for a child for a period of up to 12 hours if the parent or guardian of the child is employed in a position that requires regularly scheduled shifts and a 10-hour period elapses between day care visits. Provides that the Department of Children and Family Services shall adopt rules necessary to implement and administer the provisions. Makes a conforming change.


SB3219 GROCERY INITIATIVE-GRANTS

Synopsis As Introduced
Amends the Grocery Initiative Act. Provides that the Department of Commerce and Economic Opportunity may, subject to appropriation, provide grants for equipment upgrades for farmer-owned grocery stores or markets.


SB3460 SELF-SERVICE STORAGE-DEFAULT

Synopsis As Introduced
Amends the Self-Service Storage Facility Act. Provides that a rental agreement may be delivered and accepted by electronic mail. Provides that if the occupant does not sign a written rental agreement that the owner has tendered to the occupant, the occupant’s continued use of the storage space shall constitute an acceptance of the rental agreement with the same effect as if it had been signed by the occupant. Defines “default” as the failure to perform any obligation or duty set forth in the rental agreement or the Act. Includes a trailer in the types of property for which specified towing remedies are available. Provides that an occupant may not use a self-service storage facility after the owner has delivered a written notice of termination or non-renewal of the occupant’s rental agreement. Provides that notice must be in person, by verified mail, or by electronic mail. Allows the owner to place reasonable restrictions on the occupant’s use of the self-service storage facility before removal of personal property, including denying access to the self-service storage facility, except for the occupant to remove personal property during the owner’s normal business hours. Provides that the owner may dispose of any personal property remaining at the self-service storage facility after the date provided in the written notice.

Senate Committee Amendment No. 1
Provides that the rental agreement may be delivered and accepted by electronic mail or by any other electronic record pursuant to the Uniform Electronic Transactions Act.

Senate Committee Amendment No. 2
Provides that an occupant may not use a self-service storage facility after the owner has delivered written notice in person or by verified mail (rather than in person, by verified mail, or by electronic mail) of the termination or non-renewal of the occupant’s rental agreement.


SB3740 REAL ESTATE LICENSING-VARIOUS

Synopsis As Introduced
Amends the Real Estate License Act of 2000. Provides that for licensure as a managing broker, the person must personally take and pass a written examination on Illinois specific real estate brokerage laws authorized by the Department of Financial and Professional Regulation. Provides that approved pre-license education for licensure as a managing broker, broker, or residential leasing agent shall be valid for 2 years after the date of satisfactory completion of all required pre-license education. Provides that a nonresident broker who meets certain requirements may also operate a virtual office in the State. On January 1, 2026, repeals a provision concerning reciprocity for managing brokers and brokers licensed in another state. Provides that on and after January 1, 2026, applications for licensure based upon reciprocal agreements shall not be accepted. Provides that licenses granted under reciprocal agreements prior to January 1, 2026 shall remain in force and may be renewed in the same manner as provided for a broker or managing broker license under the Act. Requires fair housing training as part of the continuing education requirements. Sets forth provisions concerning licensure of managing brokers and brokers licensed under the laws of another state or jurisdiction of the United States and authorizing virtual offices. Makes changes in provisions concerning definitions; exemptions from licensure; continuing education; disclosure of compensation; employment agreements; agency relationship disclosure; grounds for discipline; citations; illegal discrimination; fines and penalties; a scholarship program; funds; and licensing of education provider instructors. Makes a conforming change in the State Finance Act. Effective January 1, 2025, except that certain provisions are effective immediately.

 

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These next ones are other bills the Senate passed that are going over to the House:

SB 2764 (Turner) – Senate approved, which, as amended, addresses automatic renewal on free trial or promotional services. Technet opposes the measure, arguing that as currently drafted, it makes Illinois “an outlier” compared to other states’ policies on free trials. The sponsor said she will continue to work on the legislation in the House, where the bill is now headed.   Heads to the House.

Synopsis As Introduced
Amends the Automatic Contract Renewal Act. Provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract that includes a free gift or a trial period of the product or service that lasts 15 days or longer, where such contract automatically renews unless the consumer cancels the contract, shall notify the consumer no less than 2 weeks before the cancellation deadline as described by the automatic renewal offer terms. Provides that if the person, firm, partnership, association, or corporation has the consumer’s email address, this notice shall be sent by email.

Senate Floor Amendment No. 1
Provides that the amendatory provision applies to a free trial or a promotional period (rather than a free gift or a trial period) of a product or service that lasts 15 days or longer. Provides that the required notice shall be given to the consumer during the free trial or the promotional period no less than 3 days (rather than no less than 2 weeks) before the cancellation deadline.

Senate Floor Amendment No. 2
Provides that the person, firm, partnership, association, or corporation shall send the notice in a method in which the consumer is accustomed to interacting with the person, firm, partnership, association, or corporation. Removes language requiring the notice to be sent by email.


SB 3686 (Koehler)  – Creation of a battery recycling stewardship program would be required of businesses that sell or distribute batteries , the Senate passed without opposition. The program would have to be in place by 2026 for small to medium-sized batteries (medium-sized batteries would include batteries made for electric bikes and electric scooters). By 2029, businesses must include appropriate labeling for all batteries to ensure proper collection and recycling.  Heads to the House.